The U.S. Department of Labor has withdrawn its 2015 and 2016 Administrative Interpretations regarding joint employment and independent contractors, which many businesses had argued were unduly burdensome on employers. While an attempt to limit the expansive definition of “employment,” this move does not relieve companies of their legal obligations under the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act.

Newly issued guidance and changes to Equal Employment Opportunity Commission regulations are designed to facilitate employer-sponsored wellness programs, a worthy benefit for employers and employees alike. However, employers who sponsor such programs must be in complete compliance with complex legal requirements to avoid liability under federal legislation.

Since the 1980s, the National Labor Relations Board has followed a definition that requires joint employers to exercise “direct and immediate” control over the terms and conditions of employment. Finding that this standard has failed to keep pace with changes in the workplace and economic circumstances, the Board has issued a decision that may have far-reaching implications for any company that uses contractors, including large franchisors, which may now be required to bargain with the unionized employees of their franchisees.

Wilson Elser is pleased to provide the 2015 ESI Case Law Update, our annual compendium of cases dealing with issues and developments surrounding electronically stored information (ESI). Today, it is a rare case that does not involve the preservation and management of ESI, and your knowledge of the tools and regulations could mean the difference between sanctions and compliance.

Effective March 27, 2015, employers will be required to allow FMLA leave for an employee in a legal same-sex marriage, provided that the employee was married in a state or country where same-sex marriage is recognized. Employers should ensure that management and human resources staff are aware of the regulatory change and that FMLA policies are in compliance with the new rule.

The “no pet” policy under the Fair Housing Amendments Act and section 504 of the Rehabilitation Act applicable to recipients of financial assistance from HUD may be subject to modification upon review of HUD’s April 2013 Guidance on “assistance animals.”

Wilson Elser's 2014 ESI Case Law Update is ready for review. The ESI Caes Law Update recaps those ESI cases that will likely have the greatest impact on you, your business and how you prepare for and defend civil litigation.

The West Virginia Supreme Court of Appeals decided that two instances of carbon monoxide exposure that happened in two different apartments in the same apartment complex during the same general time frame and from the same furnace constituted one occurrence, and were subject to a single limit of liability.

In West Virginia, when the first named insured negotiates – and in fact specifically requests – a policy provision, then such provision will likely be enforceable against any other insureds under the policy or potential third-party beneficiaries, even if such parties are unaware of the existence of the provision in question.

Foreseeability alone may not be sufficient to trigger a duty to warn, especially in cases involving manufacturers and suppliers of asbestos-containing products. Now, courts will need to consider the feasibility and burden of providing warnings to household members.

The Virginia Supreme Court rejected an insured’s rehearing bid and again ruled that the damages in a global warming suit allegedly stemming from the intentional emission of greenhouse gases did not arise from a policy-defined “occurrence.”

In The AES Corp. v. Steadfast Ins. Co., the Virginia Supreme Court focused its opinion on what constitutes an accident and what are the “natural and probable consequences” of actions. The Court may have chosen a high-profile litigation theme such as global warming to clearly articulate that, at least in Virginia, liability insurance is designed to cover only losses caused by “true accidents.”

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More than 800 attorneys strong, Wilson Elser serves clients of all sizes, across multiple industries and around the world. Wilson Elser has 37 strategically located offices in the United States and one in London. It is also a founding member of Legalign Global, a close alliance of four of the world’s leading insurance law firms, created to assist companies doing business internationally. This depth and scale has made it one of the nation’s most influential law firms, ranked in the Am Law 200 and 53rd in The National Law Journal’s NLJ 500.